05SR0171-June26_2 aan5IRC
,L XF.L.L.L &w 1 5141117, 22 Z2005
CPO
July 26, 2006 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
OSSRO 171
(AMENDED)
Timothy J. Hauler
Matoaca Magisterial District
Northwest quadrant of Woodpecker Road and John Winston Jones Parkway
REQUESTS: (Amended) I. Renewal of Conditional Use (Case 03AN0226) to operate a
bed and breakfast and special events business incidental to a
dwelling unit on 14.5 acres;
II. Conditional Use to operate a special events business on an
adjacent 6.1 acre parcel;
III. Conditional Use to allow the sale of alcoholic beverages on
2.0.6 acres.
PROPOSED LAND USE:
Continued and expanded operation of a bed and breakfast facility and a special events
p
business, incidental to a dwelling unit, is planned. In addition, in association with the
special events and bed and breakfast uses the sale of alcoholic beverages for on -
premises consumption is planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL OF REQUESTS I, I1 AND III, SUBJECT TO THE CONDITIONS
ON PAGES 2 AND 3.
AYES: MESSRS. WILSON, DECKER AND LITTON.
NAYS: MESSRS. BASS AND GULLEY.
Providing a FIRST CHOICE community through excellence in public service
STAFF RECOMMENDATIONS
I. Recommend approval of the renewal of the Conditional Use for the bed and breakfast and the
special events business for the following reasons:
A. The request allows for the continued adaptive reuse and preservation of a historic
structure.
B. The operation has existed for approximately four (4) years with no apparent adverse
impact on area development.
C. The recommended conditions further ensure compatibility with existing and
anticipated area development.
II. Recommend approval of the Conditional Use to operate a special events business on an
adjacent 6.1 acre parcel for the following reasons:
A. The use has operated on this property with no apparent adverse impact on area
development.
B. The recommended conditions further ensure compatibility with existing and
anticipated area development.
III. In December 1993, the Board of Supervisors adopted an Ordinance amendment requiring
approval of Conditional Use for all commercial establishments seeking to sell alcoholic
beverages for on -premises consumption within 500 linear feet of a school owned or operated
by the County and built after December 15, 1993. After receiving public input, if it is
determined the selling of alcoholic beverages for on --premises consumption will not
adversely impact the area school, approval of this request may be appropriate.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY
BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE
RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE
ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.)
CONDITIONS
(STAFF/CPC)
(STAFF/CPC)
1. This Conditional Use shall be granted to and for Timothy J. and/or
Patricia Hauler, exclusively, and shall not be transferable or run with
the land. (P)
2. There shall be no additions or exterior alterations to the existing
structures to accommodate this use. (P)
2 05SR0171 JULY26-BOS
(STAFF/CPC) 3. The special events business shall not be open to the public on Sunday
through Tuesday, except during nationally recognized holidays,
during which time the use may be open to the public as early as two
(2) days before and as late as two (2) days after such holiday. On
days the special events business is open to the public, the hours open
to the public shall be restricted to between 9:00 a. m. and 11:00 p. m.
M
(STAFF/CPC) 4. Special events shall be limited to the following:
a. Corporate retreats
b. Church retreats
C. Weddings (including rehearsal dinners and bridal luncheons)
d. Receptions (P)
(STAFF/CPC) 5. Attendance at special events shall be restricted to a maximum of 250
individuals at any one (1) function. (P)
(STAFF/CPC) 6. A minimum of one (1) security officer for each one hundred (100)
persons shall be provided at all special events to direct traffic in and
out of the property and to monitor the lawful conduct of guests
attending the event. (P)
(STAFF/CPC) 7. Sound equipment shall not exceed a noise level of 50 dB(A), as
measured at the boundaries of Tax Ids 780-625-272; 790-625-5356;
780-625-7340;780-625-32729023; 781-624-3595; 781-624-6083;
781-625-1011 and 782-625-4259. Within sixty (60) days of approval
of this request, information shall be submitted to the Planning
Department for their review and approval to confirm compliance with
this condition. (P)
GENERAL INFORMATION
Location:
Northwest quadrant of the intersection of woodpecker Road and John Winston Jones
Parkway. Tax ID 781-626-8240; 782 -625 -Part of 1888, 782 -626 -Part of 4544, and 782 -627 -
Part of 1927 and Part of 6898 (Sheet 41).
Existin Zoning:
A with Conditional Use and A
3 05SR0171 JULY26-BOS
Size:
20.6 acres
Existing Land Use:
Single-family residential, commercial and vacant
Adjacent Zoniniz and Land Use:
North - A; Single family residential or vacant
South - A; Single-family residential or vacant
East - A; Public/semi-public (Matoaca High School) and vacant
West - A; Vacant
T TTTT .TTTF.
Public Water System:
The public water system is available to serve this site. A sixteen (16) inch water line extends
along the north side of Woodpecker Road adjacent to the request site. The existing structure
is served by a private well, and it is the intent to continue to utilize the well. While the
County Code requires the use of the public water system for most uses, those uses allowed by
Conditional Use which are incidental to a principal use that was previously allowed with a
private well are exempt from the mandatory connection.
Public Wastewater System:
The public wastewater system is not available to serve the request site. County Code allows
the use of private septic systems with approval of the Health Department.
Private Se tic S stem:
Continued and expanded use of the private septic system must be approved by the Health
Department.
ENVIRONMENTAL
Drainaize and Erosion:
The requested amendment will have no impact on these facilities.
4 05SR0171 JULY26-BOS
PUBLIC FACILITIES
Fire Service*
The Ettrick Fire Station, Company Number 12, and Ettrick Matoaca volunteer Rescue Squad
currently provide fire protection and emergency medical service. This request will not
impact fire and EMS.
Trans ortation:
The property (20.6 acres) is located in the northwest corner of the Woodpecker Road/John
Winston Jones Parkway intersection. The applicant is requesting renewal of a conditional
use to permit a bed and breakfast and special events business plus Conditional Use to permit
expansion of the special events business. Condition 4 will limit the days these uses are open
to the public to Wednesday through Saturday and two (2) days before and after national
holidays. Due to this limitation, this request will have a minimal impact on the
transportation network.
LAND TNP.
Comprehensive Plan:
Lies within the boundaries of the Southern and Western Area Plan, which suggests the property
is appropriate for residential use on 1-5 acre lots, suited to R-88 Zoning.
Area Development Trends.-
The
rends:
The area is characterized by single-family residential uses on large lots or is vacant. In
addition, apublic/semi-public use (Matoaca. High School) is located on adjacent property to the
east. Single-family residential development is expected to continue in the area for the
foreseeable future.
Zonina History:
On April 3, 2002, the Board of Zoning Appeals approved a Special Exception to operate a
bed and breakfast and special events business from the home on the request site (Case
02AN0207). The uses were permitted to operate for a period not to exceed three (3) years.
On December 18, 2002, the Board of Supervisors, upon a favorable recommendation from
the Planning Commission and the Preservation Committee, approved landmark designation
for the Dellwood structure and foundation located on the request site. (Case03HP0150)
On April 2, 2003, the Board of Zoning Appeals approved an amendment to Special
Exception (Case 02AN0207) to permit an increase in the number of individuals allowed to
5 05SR0171 JULY26-BOS
attend any one (1) function at the special events facility (Case 03AN0226). The uses were
permitted to operate for a period not to exceed two (2) years.
Since approval of Case 03AN0226, the Zoning Ordinance has been amended to require that
the requested uses (Bed and Breakfast and Special Events Business) maybe allowed through
the Conditional Use process.
Development Standards:
Noise.-
In
oise:
The site is currently occupied by the Dellwood plantation home, which has also been used as
abed and breakfast and special events business for the last four (4) years. Conditions should
be required which would minimize the impact these uses might have on area development.
Condition 1 limits the Conditional Use to the applicant and/or his spouse only. Additions or
alterations to the existing structure to accommodate the uses should not be permitted
(Condition 2). Condition 3 places limitations on the days and hours the special events
business may be open to the public.
Conditions 4 through 6 are intended to address concerns of area residents. Enforcement of
these conditions will be difficult.
In response to concerns of area residents and the Matoaca District Commissioner, Condition
7 is recommended, requiring that the sound equipment will not exceed a noise level of 50
dBa, as measured from the boundaries of some area properties. Proof of such conformance
would be submitted to the Planning Department for review and approval. Levels of 65 dBa
or lower have been consistently applied to cases where noise -generating uses are neighbored
by residential uses.
It should be noted that this proffer addresses only the noise produced by amplified sound
equipment; no other noises generated by the operation would be monitored. Further,
enforcement of this condition would be difficult, given that noise generators would have to
be distinguished.
Alcohol Sales:
In December 1993, the Board of Supervisors adopted an ordinance amendment requiring
approval of a Conditional Use for all commercial establishments seeking to sell alcoholic
beverages for on -premises consumption within 500 feet of a school built after December 15,
1993, and which owned or operated by the County. The request property is located within
500 feet of Matoaca High School. Approval of this request would permit the sale of
alcoholic beverages for on-site consumption.
6 05SR0171 JULY26-BOS
CONCLUSION
Approval of the request allows for the adaptive reuse and preservation of a historic structure. In
addition, through Special Exception, the bed and breakfast and special events businesses have
existed for approximately four (4) years with no apparent adverse impact on area development. The
recommended conditions further ensure compatibility with existing and anticipated area
development.
Given these considerations, approval of renewal of the Conditional Use for the bed and breakfast and
the special events business is recommended. Also, approval of the Conditional Use for the special
events business is recommended. After receiving public input, it may be appropriate to approve the
Conditional Use to permit the sale of alcoholic beverages for on -premises consumption, provided it
is determined not to have an adverse impact on the adjacent school.
CASE HISTORY
Applicant (3/15/05):
The applicant requested that Condition 3 be modified.
Planning Commission Meeting (3/15/05):
The applicant accepted the recommendation. There was opposition present. A request was
made for the Commission to defer the request to allow time for the applicant and area
residents to develop a list of standards to restrict the intensity of the uses and to limit the
Conditional Use for a time period to allow reevaluation of the appropriateness of the use in
the future.
Mr. Bass suggested imposition of additional conditions.
On motion of Mr. Bass, seconded by Mr. Gulley, the Commission recommended approval
subject to the conditions on pages 2 and 3.
AYES: Unanimous.
Board of Supervisors' Meeting (4/27/05):
On their motion, the Board deferred this case to July 27, 2005.
7 05SR0171 JULY26-BOS
Staff (4/28/05):
The applicant was advised in writing that any significant, new or revised information should
be submitted no later than May 16, 2005, for consideration at the Board's Jul 27, 2005,
Y
public hearing.
Applicant and Staff (6/1/05):
A meeting was held to discuss the operation.
Applicant and Staff (7/7/05),-
A
meeting was held to discuss the operation and possible amendment of the application. The
applicant submitted a request for the Board to defer this case to January 25, 2006.
Board of Supervisors' Meeting (7/27/05):
At the request of the applicant, the Board deferred this case to September 21, 2005.
Staff (7/28/05):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than August 1, 2005, for consideration at the Board's Septemberp ublic
hearing. Also, the applicant was advised that a $130.00 deferral fee must be paid.
Applicant (8/1/05):
The request was amended, as stated herein and the deferral fee was paid.
Applicant (9/7/05):
A deferral was requested to the Board's November public hearing.
Board of Supervisors' Meeting (9/21/05):
On their own motion, the Board of Supervisors remanded this case to the Planning
Commission.
8 05SR0171 JULY26-BOS
Staff (9/22/05):
The applicant was advised in writing that any significant, new or revised information should
be submitted no later than October 17, 2005, for consideration at the Commission's
December 15, 2005, public hearing.
Board of Zoning Appeals Meeting (11/2/05):
The decision of the Director of Planning that the property located at 6200 Woodpecker Road
requires a Conditional Use permit to allow the bed and breakfast and special events business
was upheld.
Applicant (11/14/05):
The applicant requested the case be placed on the Planning Commission's March 2006,
agenda to allow time to include additional property.
Staff and Applicant (12/14/05):
Meeting held to discuss information needed to amend the request.
Applicant (1/17/06):
Applicant requested case be placed on the April 18, 2006, Planning Commission agenda.
Applicant (2/21/06):
A survey plat was submitted and the application amended.
Applicant, Staff, Area Citizens and Matoaca District Commissioner (3/23/06):
A meeting was held to discuss the request. Concerns were expressed relative to noise; hours
of operation; traffic; security; a time limit; current non-compliance; and the sellingof
alcoholic
beverages.
9 05SR0171 JULY26-BOS
Planning Commission Meeting (4/18/06):
The applicant accepted staff's recommendation. There was opposition resent. Concerns
pp p
were expressed relative to complaints about noise from the operation; impact onp lanned new
area homes and existing residents; operation expanding onto propertywhere not allowed;
,
non-compliance with conditions of approval; and the potential impact on the area of the sale
of alcohol at this location.
On motion of Mr. Bass, seconded by Mr. Gulley, the Commission recommended deferral of
this case to June 20, 2006.
Staff (4/19/06):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than April 24, 2006, for consideration at the Commission's June 20
2006, public hearing.
Staff (6/8/06):
To date, no new information has been received.
Planning Commission Meeting (6/19/06):
Mr. Wilson noted that the public hearing was closed at the April 18, 2006, meeting.
g
Mr. Bass made a motion, seconded by Mr. Gulley, to recommend approval of Request I for
the renewal of the Conditional Use to operate a bed and breakfast and special events business
incidental to a dwelling unit on 14.5 acres; to recommend denial of Request II for a
Conditional Use to operate a special events business on an adjacent 6.1 acrep arcel ; and to
recommend denial of Request III for a Conditional Use to allow the sale of alcoholic
beverages on 20.6 acres subject to the following conditions.-
CONDITIONS
onditions:
CONDITIONS
1. This Conditional Use shall be granted to Timothy J. and/or Patricia Hauler,
exclusively for a period of three (3) years. (P)
2. There shall be no additions or exterior alterations to the existing structures to
accommodate this use. (P)
3. The special events business shall not be open to the public on Sunday through
h
Tuesday, except during nationally recognized holidays, during which time the
10 05SR0171 JULY26-BOS
use may be open to the public as early as two (2) days before and as late as
two (2) days after such holiday. On days the special events business is open
to the public, the hours open to the public shall be restricted to between 9:00
a. m. and 11:00 p. m. (P)
4. Special events shall be limited to the following:
a. Corporate retreats
b. Church retreats
C. Weddings (including rehearsal dinners and bridal luncheons)
d. Receptions (P)
5. Attendance at special events shall be restricted to a maximum of 250
individuals at any one (1) function. (P)
6. A minimum of one (1) security officer for each one hundred (100) persons
shall be provided at all special events to direct traffic in and out of the
property and to monitor the lawful conduct of guests attending the event. (P)
7. Sound equipment shall not exceed a noise level of 50 dB(A), as measured at
the boundaries of Tax Ids 784-625-272; 790-625-5356; 780-625-7340;780-
625-32729023; 781-624-3595; 781-624--6083; 781-625-1011 and 782-625-
4259. Within sixty (60) days of approval of this request, information shall be
submitted to the Planning Department for their review and approval to
confirm compliance with this condition. (P)
8. The applicant shall provide a plan and notify the Planning Department of how
patrons will be informed that they cannot cross the established Conditional
Use boundary with alcoholic beverages. (P)
AYES: Messrs. Bass and Gulley.
NAYS: Messrs. Wilson, Gecker and Litton.
Mr. Gecker stated he had visited the site and observed events from a couple of different
vantage points including the high school, church and Woodpecker Road. He stated he saw a
well-maintained, well-run operation and the noise was no louder than the sounds from the
road or the school. He stated the use has been in operation for some time with no apparent
adverse impact on the neighborhood and felt approval was appropriate.
Messrs. Bass and Gulley stated the property was beautiful and the applicants held nice
events; however, they felt the use should be contained within the 14.5 acres and not be
permitted within 500 feet of the school.
The first motion having failed, an alternative motion was made. On motion of Mr. Gecker
seconded by Mr. Litton, the Commission recommended approval of Request I for the renewal
11 05SR0171 JULY26-BGS
of the Conditional Use to operate a bed and breakfast and special events business incidental
to a dwelling unit on 14.5 acres; approval of Request II for a Conditional Use tooperate a
special events business on an adjacent 6.1 acre parcel; and approval of Request III for a
Conditional Use to allow the sale of alcoholic beverages on 20.6 acres subject to the
conditions on pages 2 and 3.
AYES: Messrs. Wilson, Gecker and Litton.
NAYS: Messrs. Bass and Gulley.
The Board of Supervisors, on Wednesday, July 26, 2006, beginning at 7:00p .m., will take under
consideration this request.
12 05SR0171 JULY26-BOS
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